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Reasons
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(영문) 수원지방법원 안양지원 2019.07.09 2019고단57
근로기준법위반등
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A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operated the Eunpyeong-gu Seoul building B and D (hereinafter “D”) in Seoul, and engaged in wholesale and retail business, etc., and the Defendant did not pay 4.8 million won in total, including the amount of KRW 3 million wage of E, retirement allowance of KRW 1.8 million, and retirement allowance of KRW 1.8 million from May 1, 2016 to April 30, 2018, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Application of the Acts and subordinate statutes on witness E and F’s legal statement;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defense counsel of the defendant of Article 334(1) of the Criminal Procedure Act asserts that there was no intention on the part of the defendant who did not pay retirement allowances because of the fact that there was a process of settling the amount that should be paid by E.

If there is a ground for dispute over the existence and scope of the obligation to pay wages, retirement allowances, etc., the employer should be deemed to have a reasonable ground for failing to pay such wages, retirement allowances, etc. Therefore, it is difficult to deem that the employer has intent to commit a violation of Articles 36 and 109(1) of the Labor Standards Act, and Articles 9 and 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act. Whether there is any ground for dispute over the existence and scope of the obligation to pay wages, retirement allowances, etc. shall be determined in light of the circumstances at the time of dispute over the existence and scope of the obligation to pay wages, retirement allowances, etc.

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